KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Documenting customer training on use of system
November 9, 2022
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Documenting customer training on use of system

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Ken,
              We have some customers that are not having us come back out to do training so we cannot get a Training Form signed saying everything is working properly and everything was satisfactory.  We use the Training Form in case we need to go to court and the customer argues that "the system never worked". 
              Can you come up with some kind of legal email that would help protect us in court against a customer saying nothing ever worked?  The Training Form basically goes though the operation of the system and we ask the customer to sign it.
              The ones who are not letting us in to train are the ones we want to focus on.
Thanks, 
Joe
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Response
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              While the Training Form is a good idea it’s really not required.  One of the Standard Forms is a Completion Certificate that basically says the alarm is working; it gets signed at the end of an installation and service call. 
              A customer may not want to spend time with you after an installation for training for any number of reasons.  Reasons are as numerous as your imagination:
  *  don’t think they need the training to use the system
  *  don’t want to spend the time in training\
  *  think they won’t have to pay if they can avoid or delay the training
  *  think they may have some leverage if they have to sue you
              The training is a good idea but not essential.  What’s essential is that your technician has gone through the checklist and documented [his signature on the checklist] that the installation is complete and working.  When monitoring is involved you will get confirmation from the central station that the signal was received, confirming the functionality of the system. 
              The All in One agreements do not expressly provide for training.  I think it would be implied that you would explain how the system works.  With or without training a customer who believes the system doesn’t work isn’t going to blame themselves; it’s always going to be your fault.  Even a signed Completion Certificate or Training Form signed by the customer won’t be conclusive evidence of a working system, but will be one more item of proof added to the
  *  contract
  *  installation records maintained by the installer
  *  central station records of alarm history
  *  passage of time from installation date and customer payment history
  *  communication by customer requesting warranty or repair service
              If you are intent on getting your training done and a Training Form signed but you’re frustrated by uncooperative customers you can send a communication, email or letter, that will simply state that
  *  the system was installed pursuant to your contract dated xx/xx/xxxx,
  *  that the installation was completed on xx/xx/xxxx, that the system is fully operational and functional
  *  that Company tried to schedule training session on these dates:  
  *  that Company is available to provide training if necessary and customer should contact – so and so. 
              That’s it.  If you have the All in One then that’s all you need.  BTW, why are you running to court?  The All in One gives you the right to use arbitration and you should be sending your delinquent accounts to K&K’s collection department:  Contact Kathleen Lampert at KLampert@Kirschenbaumesq.com or 1 516 747 6700 x 319. 
              As a Concierge Client you can also contact the Concierge Program Coordinator Stacy Spector,Esq at SSpector@Kirschenbaumesq.com or 1 516 747 6700 x 304.
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To order up to date Standard Form Alarm /  Security / Fire and related Agreements click here: www.alarmcontracts.com
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CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com